The Police Pensions (Amendment) Regulations 1996

Statutory Instruments

1996 No. 867

POLICE

The Police Pensions (Amendment) Regulations 1996

Made

18th March 1996

Laid before Parliament

20th March 1996

Coming into force

31st March 1996

In exercise of the powers conferred by section 1 of the Police Pensions Act 1976(1), and after consultation with the Police Negotiating Board for the United Kingdom, the Secretary of State hereby makes the following Regulations, with the consent of the Treasury(2):

1.—(1) These Regulations may be cited as the Police Pensions (Amendment) Regulations 1996 and shall come into force on 31st March 1996.

(2) In these Regulations “the principal Regulations” means the Police Pensions Regulations 1987(3).

2.  In regulation A9(2)(b) of the principal Regulations (reckoning of service for purposes of awards) after the words “transfer value” there is inserted “or a certificate which has been furnished on or under regulation F8A(2)”.

3.  In sub-paragraph (a) of both regulation B5(2) (policeman’s deferred pension) and B6(1) (award by way of repayment of aggregate pension contributions) of the principal Regulations, after the words “transfer value” there is inserted “under regulation F9 or F10”(4).

4.  In regulation F8(1) (transfer of values payable between police authorities) of the principal Regulations after the words “shall apply where” there is inserted “, before 31st March 1996,”.

5.  After regulation F8 there is inserted the following regulation:

Former police authority to provide certificate of the amount of pensionable service giving entitlement to pension

F8A.—(1) This regulation shall apply where, on or after 31st March 1996, a regular policeman—

(a) by reason of previous service in a police force becomes entitled to reckon pensionable service either—

(i) by virtue of regulation F3(1)(a), or

(ii) by virtue of regulation F5 in the circumstances mentioned in paragraph (2) of that regulation (including that paragraph as it has effect by virtue of paragraph (3) thereof), or

(b) has left a police force and joined the Royal Ulster Constabulary with such consent as is mentioned in regulation A17(2) and the police authority for Northern Ireland are contingently liable to make payments to or in respect of him under the Royal Ulster Constabulary pensions legislation.

(2) Where this regulation applies the former police authority shall furnish the current police authority with a certificate stating—

(a) the amount of the pensionable service which the regular policeman to whom this regulation applies is entitled to reckon by reason of previous service in a police force, including such service reckonable under regulations F3 to F7,

(b) whether or not that policeman has, at the time of leaving service in the force maintained by the former police authority, made an election under regulation G4(1) (election not to pay pension contributions)(5).

(3) On the acceptance of a certificate under paragraph (2) by the current police authority, any entitlement of a regular policeman to whom this regulation applies to an award from the previous police authority shall cease to have effect.

(4) The former police authority shall furnish a regular policeman to whom this regulation applies with a copy of the certificate furnished under paragraph (2) together with a description of the effect of paragraph (3).

(5) In this regulation, “former police authority” and “current police authority” have the same meaning as in regulation F8.

6.  In regulation F9 (transfer values payable under interchange arrangements):

(a) for the word “is” at the beginning of paragraph (2)(a)(i) there is substituted “prior to 31st March 1996 was”; and

(b) at the end of paragraph (2) there is inserted:

“or (c) in respect of whom a certificate under regulation F8A(2) has been furnished”.

7.  In regulation L2(3) of the principal Regulations (funds out of which and into which payments are to be made), the words from “and, on” to the end are hereby revoked.

David Maclean

Minister of State

Home Office

14th March 1996

We consent

Liam Fox

Simon Burns

Two of the Lords Commissioners of Her Majesty’s Treasury

18th March 1996

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Police Pensions Regulations 1987.

Regulation 4 of these Regulations abolishes the requirement on a police authority to pay a transfer value when a police officer transfers from the police force maintained by that police authority to a police force maintained by some other police authority or to the Royal Ulster Constabulary. In its place the regulation inserted by regulation 5 of these Regulations requires the former police authority to provide to the new police authority a certificate of the pension entitlements of the police officer who transfers. The other amendments are consequential on these changes.

(1)

1976 c. 35; section 1(1) was amended by section 2(3) of the Police Negotiating Board Act 1980 (c. 10).

(2)

Formerly the Minister for the Civil Service: see S.I. 1981/1670.

(3)

S.I. 1987/257.

(4)

Regulation F10 was inserted by S.I. 1990/805.

(5)

Regulation G4 was inserted by S.I. 1990/805.